SC decision on Electoral Bonds case: Will it revive the flagging RTI Act?
- The Supreme Court's landmark decision declaring the Electoral Bonds scheme unconstitutional has bolstered the Right to Information Act (RTI).
The SC Judgement
- The SC favoured Article 19 (1) (a) of the Constitution, prioritizing voters' right over informational privacy.
- It averred that the voters’ right is breached by the anonymity clause and that information on political parties is essential.
- Poll bond, in fact, is violative of fundamental rights and infringement of RTI is not justified for curbing black money.
Studies by the Association for Democratic Reforms
- It revealed that a significant portion of funds extended through electoral bonds went to the BJP.
- The analysis of declaration data shows that since the introduction, around 55% have gone to the BJP, Congress with less than 10%.
- Additionally, it indicated a lopsided distribution of funds, with large denominations dominating the issuance.
- Electoral bonds with denominations of Rs 1 crore accounted for more than 91% of the Rs 5,896 crore raised in the first 11 phases of the sale of bonds.
- All this led to allegations of corruption and cronyism and perceptions of an uneven playing field.
- Financial contributions to a political party may lead to a quid pro quo arrangement and undue influence over policy making.
- Because of the close nexus between money and politics.
Challenges and Opacity within the RTI Regime
- The RTI regime faced challenges with vacancies in Information Commissions, mounting pendency, delayed hearings and a perceptible lack of transparency.
- 3,21,000 appeals were pending before the various Commissions as of June 30, 2023.
- Satark Nagrik Sangathan in its recent study of State Information Commissions’ performances found that 4 out of 29 are defunct and at least three are still headless.
- Nineteen of the 29 Commissions have not cared to file their annual report, mandatory under the Act.
- The CIC itself boasts of only three commissioners with eight vacant posts.
- Concerns were raised over the CIC's decision that information disclosure on Electoral Bonds was not in the public interest.
Historical Context and Impact of RTI Act
- The inception of the RTI era in India, marked by the filing of the first RTI query in 2005, signified a significant shift towards transparency and accountability in governance.
- However, the Act faced challenges such as delayed compliance with orders, increased pendency, and instances of violence against RTI activists probing corruption.
Government's Response and Future Outlook
- The government's resistance to bringing political parties under the RTI Act, despite legal rulings, raises concerns about public accountability and transparency.
- Suggestions are made for the government to display willingness to revitalise the RTI regime to address issues and implement necessary reforms
- Through the formation of a committee under the Minister of Personnel, comprising stakeholders from civil society.
Conclusion
- The SC judgement is seen as an opportunity to reinvigorate the RTI Act, aligning with principles of transparency and accountability.
- Given RTI’s potential to elevate India's international reputation, there is optimism for a revitalized dedication to transparency and public access to information.